U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Pipeline Standards and Rulemaking Division: Current Rulemakings in Process John A. Gale Director, Pipeline Division of Standards & Rulemaking - 1 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Rule Process Significant vs Non-Significant Rulemakings (EO 12866) –Significant Rulemaking Have an annual effect on the economy of $100 million or more… Create a serious inconsistency or with another agency; Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive order

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Rule Process Significant rules PHMSA - OST – OMB – Federal Register Additional review time Non-Significant rules PHMSA - Federal Register OMB Determines what rules are Significant –8 of 9 PHMSA PSR are designated as Significant rulemakings - 3 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Rule Process Where can I find information on the Status of Significant rulemakings? –DOT Report on DOT Significant Rulemakings (Monthly reports) rulemakings –OMB

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process Safety of On-Shore Hazardous Liquid Pipelines (NPRM stage)  NPRM moved past PHMSA  ANPRM published 10/18/2010  Major topics under consideration: Assessments beyond High Consequence Areas (HCAs) Leak detection beyond HCAs Repair criteria in HCA and non-HCA areas Stress Corrosion Cracking (SCC) Piggability of lines Reporting requirements for Gathering lines Gravity Line exception

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process Safety of Gas Transmission Lines (NPRM stage)  NPRM underdevelopment within PHMSA  ANPRM Published 8/25/2011  Major Topics under consideration: Expansion of IM requirements beyond HCA’s Definition of HCA Repair criteria for both HCA and non-HCA areas Assessment methods Valve Spacing Corrosion control Requirements for gas gathering - 6 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process Integrity Verification Process  Issues and alternatives under development  Recommendations from NTSB/Congressional Mandates  Areas for consideration: Data from revised Gas Transmission Annual Report Grandfather clause Miles of GT pipe for which operators have incomplete records to verify their MAOP Piggability of Gas Transmission lines - 7 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process Excavation Damage Prevention (Final Rule stage)  Final Rule moved past PHMSA  Adv. Committee approval vote December 2012  NPRM published 4/2/2012  Major Topic Enforce damage protection laws in States that have inadequate enforcement to protect safety. Complies with PIPE’s Act 60114(f)

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process Miscellaneous Rulemaking (Final Rule stage)  Final Rule moved past PHMSA  Adv. Committee approval vote in 7/2012  NPRM published 11/29/2011  Major Topics performance of post-construction inspections leak surveys of Type B onshore gas gathering lines requirements for qualifying plastic pipe joiners regulation of ethanol the transportation of pipe - 9 -

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process EFV Expansion beyond Single Family Residences (NPRM stage)  NPRM moved past PHMSA  ANPRM published 11/25/2011  Major Topics Rule will propose to require EFVs for: –branched service lines serving more than one single family residence –multi-family residential dwellings –commercial buildings

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process Standards Update (NPRM stage)  NPRM sent to Federal Register for Publication  Major Topics: Addresses the set of IBR standards throughout PHMSA’s part 192, Part 193 and Part 195 code with updated revisions of standards from all standard organization bodies. This NPRM would impact 23 of the 60+ standards that we currently IBR. Per recent statute (Section 24) all IBR standards pertaining to PSR must be available for free over the Internet. (Most SDOs comply) Recent legislation has passed the House and Senate revising Section 24 to extend the compliance date and to remove the word “internet”

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process Part 190 (Final Rule stage)  Draft Final Rule under Review  Adv. Committee approval vote December 2012  NPRM published 8/13/2012  Major Topics Addresses issues related to Part 190 and with reauthorization issues related to: –OPA enforcement –Civil penalties –Administrative enforcement process

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process Operator Qualification, Cost Recovery and Other Pipeline Safety Proposed Changes (NPRM stage)  NPRM under development  This rule will address reauthorization issues related to: Operator Qualification for new construction Incident Reporting Cost Recovery Carbon dioxide Renewal process for special permits Other issues to be determined

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process Plastic Pipe (NPRM stage)  Drafting an NPRM to address the following plastic pipe topics: Focus on gas lines Authorized use of PA12 at higher pressures AGA petition to raise D.F. from 0.32 to 0.40 for PE pipe Enhanced Tracking and traceability Miscellaneous revisions for PE and PA11 pipelines Additional provisions for fittings used on plastic pipe

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Current Rulemakings in Process Mandates that require additional study and/or rule  Leak Detection Regulatory Support Paper Drafted Study submitted to Congress December 2012 Workshop held March 27. –Valves (remote controlled) Regulatory Support Paper Drafted Workshop held March 28 Study submitted to Congress December 2012 Comptroller General also required to do study (retrofit)